Article 34 provides for the restrictions on fundamental rights while Martial Law is in force in any area within the territory of India.
It empowers the Parliament to indemnify any government servant or any other person for any act done by him in connection with the maintenance or Restoration of order in any area where Mashallah was in force. The Parliament can also validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under Martial Law in such area
The act of indemnity made by the Parliament cannot be challenged in any Court on the ground of contravention of any of the fundamental rights. The concept of Martial Law has been borrowed in India from the English common law. however the expression 'Martial law' has not been defined anywhere in the constitution. literally, it means 'military rule' it refers to a situation where civil administration is run by the military authority according to their own rules and regulations framed outside the ordinary law. It thus imply the suspension of ordinary law and government by military Tribunal it is different from the military law that is applicable to the armed forces.
The Martial Law is imposed under the extraordinary circumstances like war, invasion, insurrection rebellion, riots or any violent resistance to law. its justification is to repel force by force for maintaining a restoring order in the society
During the operations of Martial law, the military authority are vested with abnormal powers to take all necessary steps. They impose restrictions and regulations on the rights of the civilians, can punish the civilians and even condemned them to death. The supreme court held that the declaration of the martial law does not ipso facto result in the suspension of the writ of habeas corpus
The declaration of the Martial Law under article 34 is different from the declaration of a national emergency under article 352.
